HB530 (2023) Detail

Relative to withdrawal from a cooperative school district.


HB 530-LOCAL - AS INTRODUCED

 

 

2023 SESSION

23-0738

10/05

 

HOUSE BILL 530-LOCAL

 

AN ACT relative to withdrawal from a cooperative school district.

 

SPONSORS: Rep. Cordelli, Carr. 7

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill clarifies the process for the vote on withdrawal from a cooperative school district.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0738

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to withdrawal from a cooperative school district.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Cooperative School Districts; Vote on Withdrawal.  Amend RSA 195:29 to read as follows:

195:29 Vote on Withdrawal.  If the state board approves the plan for withdrawal, the board shall cause the withdrawal plan to be published once in some newspaper generally circulated within the cooperative school district. Upon receipt of a written notice of the board's approval of the withdrawal agreement, the school board of the cooperative district shall cause the withdrawal plan to be filed with the clerk of the cooperative school district and submitted to the voters of the district as soon as may reasonably be possible at an annual or special meeting called for the purpose, the voting to be by ballot with the use of the checklist, after reasonable opportunity for debate in open meeting. The article in the warrant for the district meeting and the question on the ballot to be used at the meeting shall be in substantially the following form:

"Shall the school district accept the provisions of RSA 195 (as amended) providing for the withdrawal of the preexisting district of __________ from the __________ cooperative school district in accordance with the provisions of the proposed withdrawal plan filed with the school district clerk?"

Yes _________ No _________

I.  If a majority of voters present and voting in the withdrawing preexisting district vote in the negative, against withdrawal, then the withdrawal process is terminated. If a majority of the voters present and voting in the withdrawing preexisting district shall vote in the affirmative, in favor of withdrawal and a majority of the voters present and voting in the entire cooperative district shall vote in the affirmative, in favor of withdrawal, the clerk of the cooperative school district shall forthwith send to the state board of education a certified copy of the warrant, certificate of posting, evidence of publication, and minutes of the meeting.

II.  If a 3/5 supermajority of the voters present and voting in the withdrawing preexisting district vote in the affirmative, in favor of the withdrawal, the clerk of the cooperative school district shall forthwith send to the state board of education a certified copy of the warrant, certificate of posting, evidence of publication, and minutes of the meeting unless a 3/5 supermajority of the voters present and voting in the entire cooperative district vote in the negative, against withdrawal.

III.  If the state board of education finds that a majority of the voters present and voting, in the entire cooperative district or by the alternative supermajority vote under paragraph II, have voted in favor of the withdrawal plan, it shall issue its certificate to that effect and such certificate shall be conclusive evidence of the withdrawal of the preexisting district and the continuation of the cooperative school district as of the date of its issuance, or the dissolution of a 2-district cooperative if the cooperative was formed by 2 preexisting districts[, provided, however, that]. A withdrawal plan shall be prepared [for a 2-district cooperative] and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities. [If a majority of voters present and voting reject the plan, the withdrawing district shall have the right to appeal such vote to the state board of education. The state board shall upon receipt of such appeal investigate and report back to the district on its findings and recommendations; and this report may require that there will be another special meeting for a vote of reconsideration.]

2  Effective Date.  This act shall take effect 30 days after its passage.

Links

Action Dates

Date Body Type
Jan. 27, 2023 House Hearing

Bill Text Revisions

HB530 Revision: 37407 Date: Jan. 11, 2023, 10:50 a.m.

Docket


Jan. 18, 2023: Public Hearing: 01/27/2023 01:45 pm LOB 205-207


Jan. 11, 2023: Introduced (in recess of) 01/05/2023 and referred to Education